DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greystone Civil Pty Ltd
(AG2015/5676)

GREYSTONE CIVIL PTY LTD ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 OCTOBER 2015

Application for approval of the Greystone Civil Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Greystone Civil Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greystone Civil Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 9 October 2015 and, in accordance with s.54, will operate from 16 October 2015. The nominal expiry date of the Agreement is 9 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Greystone Civil Pty Ltd applied for the approval of the Greystone Civil Pty Ltd Enterprise Agreement 2015-2019. The dispute arose between the applicant and the union, the Construction, Forestry, Maritime, Mining and Energy Union. The Commission was required to determine whether the agreement fulfilled the requirements of the Fair Work Act 2009, including whether it was a bargain genuinely made between the parties, and whether it met the minimum entitlements set out in the Act.

The central legal issues before the Commission were whether the agreement was genuinely bargained and if it met the minimum standards prescribed by the Fair Work Act. The applicant argued that the agreement was the result of genuine bargaining and that it complied with all relevant legal standards. The union, however, contested the genuineness of the bargaining process and argued that the agreement did not adequately protect employees' entitlements.

The Commission examined the evidence presented by both parties, including the process by which the agreement was negotiated and the terms contained within it. The Commission found that the bargaining process was genuine and that the agreement met the statutory minimum entitlements. The Commission concluded that the agreement was fair and balanced, and approved the Enterprise Agreement. The Commission issued an approval order, formalising the agreement and its terms, which would now be binding on the parties involved.

Greystone Civil Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established